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PEOPLE v. ORTIZ

61 A.D.3d 1003 (2009)

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL ORTIZ, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 28, 2009.

Ordered that the judgment is affirmed.

Although the participants in a lineup should all share the same general physical characteristics, there is no requirement that the defendant be surrounded by persons of nearly identical appearance (see People v Kirby, 34 A.D.3d 695 [2006]). Here, the photograph taken of the lineup viewed by the complainant depicts six males of the same race...

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